Bromley v the Queen

Case

[2018] VSCA 329

6 December 2018


Details
AGLC Case Decision Date
Bromley v the Queen [2018] VSCA 329 [2018] VSCA 329 6 December 2018

CaseChat Overview and Summary

The appellant was convicted on four counts of indecent assault upon a male person, with the offending occurring between 1972 and 1980. The maximum penalty for the offences at the time was five years' imprisonment. The appellant was sentenced to 7 years and 9 months' imprisonment, with a non-parole period of 4 years and 9 months. The appellant appealed the sentence, arguing it was manifestly excessive. The central legal issues before the court were whether the sentence was manifestly excessive, considering the maximum penalty and the sentencing practices of the time. The court considered the nature and seriousness of the offences, the maximum penalty applicable at the time of the offending, and the sentencing practices in place during that period. The court concluded that the sentence was manifestly excessive, taking into account the maximum penalty and the sentencing practices at the time of the offending. The appeal was allowed, and the appellant was resentenced to 4 years' imprisonment, with a non-parole period of 2 years.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Sentencing

  • Limitation Periods

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

54

Butcher v The King [2024] VSCA 322
Cases Cited

19

Statutory Material Cited

0

Markarian v The Queen [2005] HCA 25
GAS v The Queen [2004] HCA 22